A Muslim Iraqi father of seven will be allowed to remain in Australia despite lying about his faith and sexuality to avoid deportation.

The man, identified only as MAH, can stay after a Federal government decision was overturned last week – despite him also having a criminal record.

Now aged 44, he arrived in Australia in 1999 and has been convicted and imprisoned for 28 offences, including violent assaults, while on multiple visas, according to Administrative Appeals Tribunal (AAT) case notes.

An Immigration decision to detain and deport an Iraqi man who lied about his sexuality and faith to stay in Australia has been overturned by an appeals tribunal (AAP). (AAP)

In December 2016, the Australian government under Immigration Minister Peter Dutton cancelled MAH’s visa and he was immediately taken to Villawood Detention Centre in Sydney after being released from prison in February 2017.

MAH then made an appeal to the AAT to avoid deportation, claiming his homosexuality and conversion to Christianity would see him persecuted if he returned to Iraq.

In assessing the appeal, AAT senior member Peter Taylor SC found there is no truth in those claims, but also revoked Mr Dutton’s original decision based on the man’s current physical and mental condition.

MAH has received a disability support pension since 2014, currently receives methadone treatment in dealing with drug addictions, has a significant leg ulcer wound – making him unfit to travel or receive surgery - and has also been diagnosed with schizophrenia.

The 44-year-old man, who was detained at Villawood Detention Centre in Sydney, will stay in Australia after the Tribunal decided his mental health and care requirements would decline if he was sent back to Iraq (AAP). (AAP)

“MAH’s health issues are significant… their currently uncertain prognosis (presents) the likelihood that they continue to contribute to a contemporary unfitness to travel,” Mr Taylor said in a summary of his decision.

“Compounding that complication is MAH’s schizophrenia itself. That is clearly a chronic (that)… has led to cognitive decline, and requires ongoing medication and monitoring, which is unlikely to be available to MAH if he is returned to Iraq.

“Finally, there is the appearance that, so long as MAH remains in immigration detention, his mental health is likely to deteriorate.

“There is the further likelihood that any such deterioration will only compromise the possibility of improvement.”

Identified only as MAH, the man has recorded 28 prior offences and convictions for violent crimes, has received a pension since 2014, has been diagnosed with schizophrenia, has battled with drug addiction and has a significant leg wound that restricts travel (AAP). (AAP)

Mr Taylor also said that his decision to restore MAH’s visa comes due to a combination of the man’s declining mental health while in detention and the lack of health care that he requires, available in Iraq.

“MAH’s ongoing detention is likely to pose significant risk of further deterioration of his mental health,” he said.

“Together with the acknowledged difficulties that MAH would be likely to encounter in obtaining and retaining health care in Iraq, combine to outweigh the considerations favouring revocation (of his visa).”

According to Mr Taylor’s case notes, MAH is “sufficiently fluent” in English and has managed to maintain employment during his time in Australia despite a history of illicit drug use – for which he has also received prior convictions.

The AAT decision restores MAH's visa and legal right to remain in the community in Australia.

9News.com.au has contacted the Department of Home Affairs for comment regarding the decision.

A spokesman for the Immigration Minister said: "The Minister is aware of this matter, but cannot comment on individual cases."